Solidarity Contribution
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 4 February 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Maurice Watkins (England), member
Philippe Piat (France), member
The members Mario Gallavotti (Italy) and Michele Colucci (Italy), did not take part in
the judgment
on the claim presented by
X, Italy
as
Claimant
against
Y, Spain
as Respondent
regarding the solidarity contribution related to the transfer of the federative rights to
the player A
Facts of the case:
The player A, born in 1976, was registered for the Italian club X for two sporting
seasons, from 1997 to 1999, from the age of 21 to the age of 23.
On 20 July 2004, an agreement for the transfer of the federative rights to the player A
to the Spanish club Y is concluded.
The Italian club X claim the 5 % payment established in article 25 of the FIFA
Regulations for the Status and Transfer of Players regarding the contribution to the
solidarity mechanism related to the transfer of the federative rights to the A to club Y.
According to the aforementioned Regulations, the new club concerned is to distribute
5% of this compensatory amount to the club(s) where the player has played between
the age of 12 and 23. In the present case, between 1997 and 1999.
The amount paid by Yfor the transfer of the federative rights to the player A is EUR
10,500,000.
The Italian club X ask the Dispute Resolution Chamber to sentence the club Y to start
with the distribution of proportion of 5% related to the transfer of the federative
rights to the player A.
Considerations of the Dispute Resolution Chamber:
Firstly, the Dispute Resolution Chamber took note of the issue raised by the Spanish
club Y, with respect to the composition of the Chamber, especially regarding the
nationality of two of the members, namely Mr. Mario Gallavotti and Mr. Michele
Colucci, both Italians.
In view of such a request, both Mr. Mario Gallavotti and Mr. Michele Colucci decided of
their own volition to leave the Chamber during the course of the debate on the subject
of this dispute and consequently did not take part in this judgment.
The Chairman and two members of the Dispute Resolution Chamber were then left to
pass a decision on this matter, in accordance with Article 1 §6 of the Rules Governing
the Practice and Procedures of the Dispute Resolution Chamber.
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After a careful study of the facts and allegations outlined above, the Dispute Resolution
Chamber commenced its deliberations by referring to article 25 of the revised FIFA
Regulations for the Status and Transfer of Players, according to which, it falls within the
purview of the Dispute Resolution Chamber to review disputes concerning the
distribution of the solidarity contribution.
In this sense, as further established in the article 25 of the revised FIFA Regulations for
the Status and Transfer and of Players, the new club concerned is to distribute 5% of
any compensation paid to the previous club to the club(s) where the player has played
between the age of 12 and 23.
In the present case, the Chamber outlined that the training period to take into
consideration went from the sporting season 1997/1998, when the player A was 21,
until the sporting season 1998/1999, at the age of 23.
The Chamber made further reference to Art. 10 of the Regulations governing the
Application of the Regulations for the Status and Transfer of Players, which provides
the figures for the distribution of the solidarity contribution, according to the time the
player was effectively trained by the clubs involved.
It is therefore undisputed that the Italian club X is entitled to receive 20% of the 5%
related to the transfer of the federative rights to the player A to Y.
Furthermore, the Chamber made reference to Article 11 of the Regulations governing
the Application of the Regulations for the Status and Transfer of Players, which reads
that the new club shall pay the amount due as a solidarity contribution to the training
clubs at the latest within thirty days of the player’s registration.
Consequently, in light of the fact that this payment has been due since the thirty-first
day after the transfer took place, i.e. 20 July 2004, the Dispute Resolution Chamber
established that a default interest payment of 5% p.a. as from the day on which the
payment was due, i.e. 20 August 2004, must be applied.
As it was noted that the amount paid by Y for the transfer of the federative rights to
the player A was EUR 10,500,000, the Dispute Resolution Chamber decided that the
Spanish club Y must pay to the Italian club X 20% of the 5% of the transfer
compensation, i.e. EUR 105,000.
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Decision of the Dispute Resolution Chamber
1. The claim of the Italian club X is accepted.
2. The Spanish club Y has to pay the amount of EUR 105,000 to the Italian club X. On
the aforementioned amount, a default interest payment of 5% p.a. as from 20
August 2004 is applied.
3. The amount due to the club X has to be paid by Y within 30 days as from the date of
notification of this decision.
4. According to art. 60 par. 1 of the FIFA Statutes this decision may be appealed before
the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to
the CAS directly within 10 days of receiving notification of this decision and has to
contain all elements in accordance with point 2 of the directives issued by the CAS,
copy of which we enclose hereto. Within another 10 days following the expiry of the
time limit for the filing of the statement of appeal, the appellant shall file with the
CAS a brief stating the facts and legal arguments giving rise to the appeal (cf. point
4 of the directives).
The full address and contact numbers of the CAS are the following:
Avenue de Beaumont 2
1012 Lausanne
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:
Urs Linsi
General Secretary
Enclosed: CAS directives
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